Loss Of Self Control

Question 0

S54(1a)

Answer 0

The d must suffer from a Loss of self control
Richens states can’t control body
Cocker states more than succumbing to a request

Question 1

Where is this defence found?

Answer 1

S54 coroners and justice act

Question 2

S54(4)

Answer 2

Acting out of considered desire for revenge then the exclusion applies
Baillie - need not be immediate can be sustained
Ibrahams and Gregory had time to consider

Question 3

S54(1b)

Answer 3

Qualifying trigger either fear or anger

Question 4

S55(3)

Answer 4

The fear trigger - acted out of fear of serious harm to another person
Pearsons other person
Auwahlia

Question 5

S55(4)

Answer 5

Things said or done which consistute an extremely grave nature which gives the d a justifiable sense of feeling seriously wronged
Doughty
Evans

Question 6

S55(6c)

Answer 6

Sexual infidelity exclusion

Things said or done constitute sexual infidelity this can’t be used

Question 7

S55(6a and b)

Answer 7

Incitement exclusion

If the d has done anything to bring about the things said or done they can’t use the defence

Question 8

S54(1c)

Answer 8

Ds age and sex under the same circumstances with the same characteristics and a normal degree of tolerance and self restraint
Camplin age must be considered and factors that affect the degree I. Tolerance and self restraint

Question 9

S54(3)

Answer 9

Must disregard any factors which only affect the ds level of tolerance and self restraint
Holley
Luc thiet thuan brain damage